TA7-12101

TA7-12101

Because the claimant previously received international protection in the United States and voluntarily relinquished that protection by leaving, he is not in need of Canadian protection and therefore is neither a Convention refugee nor a person described in section 97 of IRPA.

Citation
TA7-12101
Parties
Claimant: XXXXXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 September 2009
Procedural Posture
Refugee Protection / Hearing and Decision
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person described in section 97 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Determination, Section 97 Protection, Safe Third Country / Prior Protection, Voluntary Relinquishment of Protection, Religion, Nationality
Source Language
English
Immigration Law Refugee Law Convention Refugee Determination Section 97 Protection Safe Third Country / Prior Protection Voluntary Relinquishment of Protection Religion Nationality

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Parties

XXXXXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person described in section 97 of IRPA
  3. 3 Whether claimant's prior protection in the United States bars his Canadian claim

Ratio Decidendi

Because the claimant previously received international protection in the United States and voluntarily relinquished that protection by leaving, he is not in need of Canadian protection and therefore is neither a Convention refugee nor a person described in section 97 of IRPA.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person described in section 97 of the Immigration and Refugee Protection Act.

Orders

  • Claim dismissed; not a Convention refugee and not a person described in section 97 of IRPA